Plasser Australia fined $180,000 after St Marys explosion
A St Marys manufacturing company has been slugged with a $180,000 fine after a worker suffered a fractured leg and foot during an explosion at the factory.
Penrith
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A North St Marys company has been slugged $180,000 after a worker was injured during an explosion.
Plasser Australia, a manufacturing company which makes and maintains railway machinery, has been convicted after it was found to have exposed a number of employees to “a risk of death or serious injury”.
Court documents reveal about 3pm on March 13, 2019, two workers Adam Miller and Nicholas Todorovski, who had not been adequately trained to use oxy-propane cutting equipment, were tasked with “de-heading” six 200 litre waste solvent drums.
An explosion occurred while using the blowtorch and the lid of the drum struck Mr Todorovski in the right leg.
He sustained open fractures to his right tibia and fibula, an open fracture to his left foot and a laceration to his right elbow. He was admitted to hospital where he underwent multiple surgical interventions, including surgical fixation of the fractures of his right tibia and fibula, as well as skin grafting.
Mr Miller was thrown to the ground when the incident occurred and sustained minor physical injuries including a headache, dizziness and ringing in the ears.
According to court documents, on the date of the incident, Plasser employed approximately 130 workers at the site.
At this time, Plasser did not have in place any formal documented “hot work system procedures”, including a hot work permit system relating to the use of oxy-cutting equipment by unqualified workers, the court documents state.
Despite the works routinely carried out by Plasser usually including storage and handling or use of solvents, they did not have any procedures in place to train unqualified workers in oxy-fuel cutting equipment aside from informal undocumented on-the-job instruction in the use of that equipment.
Since the incident, Plasser has issued a formal documented work instruction prohibiting the use of its mobile oxy-propane equipment to de-head or remove the tops from any drums, according to the court documents.
They have also developed formal procedures for oxy-propane cutting equipment and introduced training for unqualified workers who may be required to use oxy-propane equipment.
A statement from SafeWork NSW said businesses had legal obligations to ensure the safety of their workers.
“A ‘person conducting a business or undertaking’ has legal obligations under work health and safety laws to ensure a number of factors are considered in relation to safety,” the spokesman said.
“This includes making sure appropriate consultation arrangements are in place, the work environment and systems of work are safe and that any machinery and equipment is properly maintained.”
While companies are required to take care of their workers, SafeWork advises that employees also have an obligation to themselves when it comes to personal safety, the spokesman said.
“Workers have an obligation take reasonable care of themselves and not perform actions which affect the health and safety of others,” he said.
“Workers must follow any reasonable health and safety instructions from their employer to work safely, follow instructions and use personal protective equipment (PPE) in the way it is instructed. Workers should also report injuries and unsafe and unhealthy situations to a supervisor or health and safety representative.”